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An Assault on Public Protections: Regulatory Policy News in 2008
(12/16/2008)
The federal government's ability — and sometimes inability — to protect the public drew national attention throughout 2008. President Bush's and senior administration officials' aversion to regulation and their penchant for allowing the market to operate unchecked appeared more and more outmoded in the face of the collapse of the financial market, the rising tide of dangerous imported products, and persistent examples of environmental degradation.
Plastics Chemical Could Remain on Market Despite Ban (12/02/2008)
Despite a clear directive from Congress, the Consumer Product Safety Commission (CPSC) says it may continue to allow the sale of children's products containing a controversial plastics chemical.
Panel Sends Regulatory Recommendations to Obama, Congress (11/18/2008)
On Nov. 14, a panel of regulatory experts released a report calling for significant changes to the federal regulatory process. The recommendations are directed to President-elect Obama and the new Congress and are designed to achieve a more effective, efficient, and timely process that is now burdened with excessive requirements and assessments.
Bush Changes to Employee Leave among First Midnight Rules (11/18/2008)
The Department of Labor has finalized a new rule that will affect the way workers take medical and family leave. It is among the first of many rules the Bush administration is expected to cement in the coming weeks.
Midnight at the White House: Bush Using Rules to Cement Legacy (11/04/2008)
The Bush administration is working on a spate of rules it hopes to finalize before its time in power expires. The last-minute rules cover a broad range of policy, but many share a common trait: relaxing existing requirements on businesses. The Bush administration appears to be pushing to deregulate in areas like environmental protection, worker leave, and auto safety. Many of the controversial rules are expected to be finalized in the coming weeks. The administration is pushing to finalize rules in November, not January, in order to assure they cannot be undone by the next president.
EPA to Reduce Airborne Lead, but OMB Bedevils the Details (10/21/2008)
The Bush administration recently tightened the national public health standard for airborne lead, drawing rare praise from clean air advocates. However, shortcomings in the network for monitoring lead pollution persist, and a new requirement to increase the number of pollution detectors was watered down by the White House Office of Management and Budget (OMB).
FDA to Open Regulatory Offices in Foreign Countries (10/21/2008)
On Oct. 16, Department of Health and Human Services (HHS) Secretary Michael Leavitt announced that the U.S. Food and Drug Administration (FDA) will send personnel overseas to staff offices to help ensure the safety of imported food and drugs. The plan calls for staff to be assigned to offices in China, India, Europe, and Latin America. Many assignments will begin before the end of 2008.
Foreign Foods Evade FDA's Watch (10/07/2008)
The ability of the U.S. Food and Drug Administration (FDA) to monitor and police imported foods is once again under scrutiny. A public health crisis originally thought to be limited to China crept into the U.S. when FDA announced recalls of products tainted by melamine, a dangerous chemical.
Bill Improving Inspectors General Independence Passes Congress (10/07/2008)
Congress recently passed legislation that reforms the functions of federal agencies' inspectors general to increase their independence and insulate them from political interference. The passage comes after more than a year of negotiations in Congress and between the legislative and executive branches. President Bush is expected sign the bill.
EPA Failing on Children's Environmental Health Issues (09/23/2008)
The Government Accountability Office (GAO) told a Senate oversight committee Sept. 16 that the U.S. Environmental Protection Agency (EPA) has ignored recommendations from an advisory committee established to assist the agency in creating policies to protect children's health. For example, in developing three recent air quality standards on particulate matter, ozone, and lead, EPA either rejected the committee's recommendations or treated them as one of many public comments, according to GAO.
Lobbyists, Allies in Congress Work to Derail Greenhouse Gas Limits (09/23/2008)
With the support of special interest lobbyists, congressional Republicans are pushing legislation to hinder the federal government's ability to address climate change. Proposed legislation would halt early efforts by the U.S. Environmental Protection Agency (EPA) to place new limits on greenhouse gas emissions.
Commentary: Bush's Last-Minute Rush to Dismantle Public Protections (09/09/2008)
by Gary D. Bass, OMB Watch Executive Director
Those who keep an eye on the federal government know the Bush administration is not friendly toward regulation — particularly health, safety, environmental, civil rights, and consumer protections. When they have been forced to regulate, Bush officials have advanced policies that mostly let the market control the game, while the idea of strong government intervention has been left to gather dust. However, even outside the recent regulatory takeover of Fannie Mae and Freddie Mac, events show the administration is starting to kick things into high gear on regulations, trying to lock the next administration into a Bush legacy.
FDA Fighting Mounting Evidence on BPA (09/09/2008)
The U.S. Food and Drug Administration (FDA) continues to claim there is insufficient evidence about the health effects of a chemical widely used in consumer products to justify regulating the substance. Evidence is mounting from a variety of other sources, however, that bisphenol-A (BPA) may affect human development and mental health. FDA continues to advise consumers that there is no reason to "discontinue using products that contain BPA."
Bush Administration Pushing Last-Minute Rollbacks (08/19/2008)
The Bush administration is trying to finalize several new rules, covering a range of policy issues, before a new administration takes over and despite its own policy directive. The new rules would relax the standards and enforcement of longstanding federal laws, including the Endangered Species Act (ESA).
One Year Later, Only Blame about Crandall Canyon Disaster (08/19/2008)
One year after the deaths at the Crandall Canyon mine in Utah, little has been accomplished at the federal level to help prevent further mine collapse disasters. Although the House passed legislation addressing safety issues raised by this collapse and a series of other mine accidents in recent years, the Senate has not acted. Reports about the causes of the Utah mine collapse vary in assigning responsibility, which has led to different allegations about who bears the burden for the nine deaths at Crandall Canyon.
Consumer Product Safety Reform Clears Congress (08/05/2008)
Congress has approved a bill that will revamp the nation's consumer product safety net. The legislation reforms the Consumer Product Safety Commission (CPSC) to enable the agency to better enforce safety standards in a market dominated by cheap imports and requires new standards for dangerous substances like lead and phthalates.
Secret Risk Assessment Rule Aims to Halt Worker Safety Protections (08/05/2008)
The Bush administration is trying to rush through a Department of Labor (DOL) draft rule to require new worker safety standards to be based on a new risk assessment process that would potentially tie the hands of future administrations. The new rule was sent to the Office of Information and Regulatory Affairs (OIRA) for review in secret, violating the process OIRA has insisted agencies use for rulemaking.
Life's Value Shrinks at EPA (07/22/2008)
An Associated Press (AP) investigation released July 10 showed that the U.S. Environmental Protection Agency (EPA) has been devaluing human life when it prepares cost-benefit analyses for new regulations. Federal agencies such as EPA use the life value, an inaccurate statistic, to help them determine whether a proposal's benefits will outweigh compliance costs to industry.
Congress Votes to Reauthorize Administrative Conference of the United States (07/22/2008)
The House voted July 14 to reauthorize the Administrative Conference of the United States (ACUS) by accepting an earlier Senate-passed bill. The bill now moves to the White House, where President Bush is expected to sign the legislation. ACUS was a small government agency, abolished in 1995, that advised Congress on reforms to administrative and regulatory processes and saved the government millions of dollars over its life.
Tomato, Beef Recalls Show Problems with Food Tracking (07/08/2008)
Federal officials are having difficulty providing consumers with information on two recent food-borne illness outbreaks. Investigators are still searching for the source of an ongoing salmonella outbreak, and officials have been unable to provide detailed information for consumers on a batch of E. coli-contaminated beef, which has spread to a number of states across the country.
Pentagon Refuses EPA's Pollution Cleanup Orders (07/08/2008)
The nation's worst polluter, the U.S. Department of Defense (DOD), is refusing to sign enforcement agreements with the U.S. Environmental Protection Agency (EPA) that require DOD to clean up polluted sites nationwide. The military bases covered by EPA's enforcement orders may endanger public drinking water supplies as a result of the military dumping toxic pollutants at the sites.
Toxic Assessment Delays Block New Standards (06/24/2008)
A House panel recently examined efforts by the U.S. Environmental Protection Agency (EPA) to study human exposure to, and toxic effects of, common industrial chemicals. EPA is not assessing enough chemicals and is taking too long to complete the assessments it does undertake, lawmakers said. Witnesses complained that without rigorous scientific studies as a foundation, federal and state agencies cannot set air and water quality standards that protect public health.
Congress, FDA Explore BPA Dangers (06/24/2008)
Congress and the U.S. Food and Drug Administration (FDA) have begun to further explore the dangers posed by bisphenol A (BPA) and whether to regulate its use, especially in food and beverage containers. BPA is an industrial chemical used to make hard plastic containers, such as baby bottles, and is part of the lining of food cans, where it is used to prevent metal from leaching into foods. Congress recently held a hearing and is considering legislation to limit the use of BPA. The FDA is assessing the toxicity of the chemical to help determine the risk to consumers.
Ozone Standard Challenged in Multiple Court Actions (06/10/2008)
The U.S. Environmental Protection Agency's (EPA) new, stricter national air quality standard for ozone is being challenged in multiple court actions, all of which are asking a federal appeals court to review the final rule. Although the new standard, announced March 12, is an improvement over the previous standard, environmental groups, state and local governments, and business interests all have filed lawsuits hoping to force the EPA to reconsider its decision.
Roof Crush Standard Flawed, Preempts State Efforts (06/10/2008)
The National Highway Traffic Safety Administration (NHTSA) has proposed a stricter federal standard for roof strength in passenger vehicles that would prohibit any action on roof safety at the state level — including damages claims brought by victims in state courts. During a June 4 Senate hearing, senators from both parties and auto safety advocates aired their complaints about the proposal.
White House Involved in EPA's California Waiver Decision (05/28/2008)
A report released May 19 by the House Committee on Oversight and Government Reform concluded the White House improperly intervened in a decision by the U.S. Environmental Protection Agency (EPA) to deny California's request for a waiver under the Clean Air Act. The waiver would have allowed the state to set standards for greenhouse gas emissions from new vehicles. In denying the waiver, EPA Administrator Stephen Johnson went against the recommendation of EPA staff, who concluded there was no legal or scientific basis to deny the waiver.
For Bush-Era Regulations, the Clock Is Ticking (05/28/2008)
In a memorandum to regulatory agencies, White House Chief of Staff Joshua Bolten has set a Nov. 1 deadline for any new regulations agencies wish to finalize by the end of the Bush administration. The memo will shape the work of White House officials and federal agency heads as they consider which regulations to push through in the coming months, with an eye toward securing an administrative legacy for President Bush.
Krill Protection Rule Clears White House (05/28/2008)
The National Oceanic and Atmospheric Administration (NOAA) is proposing to prohibit fishing for krill, an important species in the marine ecosystem, in U.S. waters. The proposed rule comes after NOAA responded to objections from the White House.
Criminal Investigation of Utah Mine Officials Urged (05/13/2008)
On May 8, Rep. George Miller (D-CA), chair of the House Education and Labor Committee, released the results of a nine-month committee investigation into the collapse of the Crandall Canyon mine in Utah. In the memorandum summarizing the investigation, Miller reveals that he sent a letter of criminal referral to the U.S. Department of Justice (DOJ) recommending the agency investigate the mine's general manager.
White House Blocking Whale Protection Rule (05/13/2008)
Multiple White House offices are working in concert to block a new policy that would expand federal protections for the North Atlantic right whale. The offices, including the office of Vice President Cheney, are questioning the findings of scientists at the National Oceanic and Atmospheric Administration (NOAA), the agency attempting to finalize the rule.
OMB Interference under Scrutiny in Congress (05/13/2008)
The White House Office of Management and Budget's review of federal agencies' draft regulations and scientific information was highlighted in two congressional hearings the week of May 5. The review process gives Office of Management and Budget (OMB) officials an opportunity to delay or undermine public health and safety standards. One hearing examined the constitutional implications of OMB review, the other the scientific implications.
Plastics Chemical Poses Health Risk, Businesses Respond (04/29/2008)
The findings of a U.S. government science panel and actions by the Canadian government are prompting major retailers and manufacturers to reconsider selling products containing bisphenol-A, a chemical commonly found in hard plastics and food containers.
Fuel Economy Proposal: Higher Mileage, State Preemption (04/29/2008)
The U.S. Secretary of Transportation, Mary E. Peters, announced April 22 a proposed new rule to raise fuel efficiency standards for cars and light trucks. In December 2007, Congress passed the Energy Independence and Security Act, which required revisions to the Corporate Average Fuel Economy (CAFE) standards. The new rule, if implemented, would be the first significant improvement in fuel efficiency standards since the CAFE program's inception in 1975.
Farm Bill Proposes Food Safety Improvements (04/29/2008)
The huge farm bill reauthorization under discussion among House and Senate conferees contains two food safety-related items that could help regulatory agencies better protect the U.S. food supply and provide consumers with more information when making purchasing decisions. First, the bill contains country-of-origin labeling, primarily for marketing livestock by-products. Second, it proposes a bipartisan food safety commission to review the existing food system and make recommendations for improvements.
Reports Highlight MSHA's Failures at Crandall Canyon Mine (04/15/2008)
Two recent reports highlight the failures of the Mine Safety and Health Administration (MSHA) in approving the retreat mining plans at Crandall Canyon mine in Utah that resulted in nine deaths after a mine collapse in August 2007. A third report criticizes MSHA's approval and implementation of emergency response plans required by legislation passed by Congress in the wake of mining disasters across the country in 2006.
White House Gains Influence in Toxic Chemical Assessments (04/15/2008)
The U.S. Environmental Protection Agency (EPA) has announced changes to its process for assessing the human health effects of common chemical substances. The revised process will allow the White House Office of Management and Budget (OMB) to play a larger role in the evaluation of the substances.
Congress Passes Clean Waterboarding Act (04/01/2008)
You're reading the special April Fools' Day, 2008, edition of The Watcher.
The Bush administration and congressional leaders agreed to begin negotiations over the Clean Waterboarding Act of 2008 that Congress passed April 1. The key sticking point is the administration's objections to leaving the responsibility for implementing the act to the U.S. Environmental Protection Agency (EPA). According to Congress, EPA is the agency that sets U.S. water quality standards and is therefore the most appropriate agency to ensure that, if domestic sources are used for waterboarding, the water is "clean." The administration wants the Justice Department (DOJ) to have the authority to implement the act because DOJ has the legal responsibility for justifying other torture tactics, and the agency can oversee the use of waterboarding in international settings. Since President Bush has stopped short of threatening a veto, an agreement with Congress is expected soon.
Bush Policy Revealed: President Suppresses Science He Can't Understand (04/01/2008)
You're reading the special April Fools' Day, 2008, edition of The Watcher.
In a surprise speech April 1, President George W. Bush acknowledged it is his policy to suppress or ignore science he cannot understand. "Sometimes I get reports that scientists want to regulate chemicals or pollution, but they use a bunch of jibber jabber and fancy math to make their point," Bush said. "The American people didn't elect me to read reports and understand science; they elected me to make decisions — that's why I'm the decider."
White House Interferes with Smog Rule (03/18/2008)
The U.S. Environmental Protection Agency (EPA) announced March 12 its revision to the national air quality standard for ozone, or smog. While the new standard is an improvement, EPA did not go as far as its own scientists had recommended. Last-minute changes orchestrated by the White House have also mired the rule change in controversy. In addition to the new standard, EPA proposed legislative changes to the Clean Air Act, which environmentalists and lawmakers immediately criticized.
Bipartisan Consensus Forming on CPSC Reform (03/18/2008)
Although differences between the House and Senate still exist, Congress is moving toward a bipartisan agreement on major reforms to the Consumer Product Safety Commission (CPSC). Bills from each chamber need to be reconciled, but if Congress can agree on a single proposal, it will set up a showdown with the Bush administration over new provisions intended to expand consumer protections by revitalizing the CPSC.
Federal Meat Inspectors Spread Thin as Recalls Rise (03/04/2008)
The federal regulator of meat, poultry, and egg products, the Food Safety and Inspection Service (FSIS), faces resource limitations that make it more difficult for the agency to ensure the safety of the food supply. Although the agency's budget has risen since it was created, staffing levels have dropped steadily. Widespread vacancies in the agency have spread FSIS's inspection force too thin. Meanwhile, the number of meat, poultry, and egg product recalls has risen, and a recent recall of 143 million pounds of beef is the largest in the nation's history.
Environmental, Worker Safety Rules Targeted by Industry Groups (03/04/2008)
The Small Business Administration's (SBA) Office of Advocacy has finalized a list of ten rules it will encourage federal agencies to modify. The Office of Advocacy compiled the list after receiving recommendations from small businesses and industry lobbyists.
High Court Expands Federal Preemption in Medical Cases (03/04/2008)
The U.S. Supreme Court has taken up a series of cases that addresses the issue of whether federal agency approval of medical devices and drugs shields manufacturers of those products from liability under state laws. In a case decided Feb. 20, the Court held that federal law preempts state liability claims if certain medical devices received U.S. Food and Drug Administration (FDA) approval. The Court also considered if that same protection should be extended to drug manufacturers.
Bush Administration to Alter Employee Leave Protections (03/04/2008)
The Department of Labor (DOL) has announced a proposed rule that would alter federal protections for workers who need to take leave to care for themselves or their families. DOL chose to pursue the rule changes after hearing complaints from industry lobbyists.
Coal Mine Safety Shortchanged by Years of Budget Cuts (02/20/2008)
Congress created the Mine Safety and Health Administration (MSHA) in 1977, placing a new federal focus on miner safety and health. However, the agency's budget and staffing levels have been cut over the past three decades. The budget for MSHA's coal mine safety and health program has been particularly abused. In the past two years, a spike in coal mine fatalities and high-profile coal mine disasters have prompted many Americans and Congress to look to MSHA to improve miner safety, but years of budget cuts and the loss of qualified employees have left the agency struggling to fulfill its mission.
OMB Reports $508 Million in E-Gov Savings; Congress Remains Doubtful (02/20/2008)
The Office of Management and Budget (OMB) released a report to Congress Feb. 14 that calculates the benefits of President Bush's 24 E-Government (E-Gov) Initiatives at approximately $508 million in Fiscal Year 2007, based on agencies' estimates. Congressional skepticism of the Initiatives, and subsequent reluctance to fund them, led OMB to develop a questionable funding mechanism using agency contributions from their annual budgets.
Product Safety Regulator Hobbled by Decades of Negligence (02/05/2008)
The nation's premiere consumer product regulator, the U.S. Consumer Product Safety Commission (CPSC), has been crippled by budget cuts and staffing losses that now span decades. Every president since Gerald Ford has proposed cutting the agency's budget at least once, and Congresses controlled by both parties have obliged. Recent attention surrounding massive product recalls prompted Congress at the end of 2007 to give the agency one of its biggest funding boosts, and lawmakers are considering additional legislation to ensure consistent long-term funding. President Bush's FY 2009 budget request, announced Feb. 4, proposes level funding for the agency.
2008 Executive Branch Regulatory Agenda: Building an Administrative Legacy (02/05/2008)
In 2007, President Bush used administrative decrees — such as issuing a new regulatory executive order and giving new powers to executive branch offices — to impact the regulatory process. The administration is likely to continue pursuing administratively what it cannot accomplish legislatively or does not wish to do in the light of day.
2008 Regulatory Policy Agenda: Congress Debates, States Act (01/23/2008)
In the current political climate, it is unlikely that Congress will succeed in passing legislation that protects the public from the range of regulatory failures we experienced in 2007. The barriers to substantially improving public health, worker safety, and environmental quality seem too high in this election year, especially given President Bush's willingness to use his veto power. What Congress can accomplish in 2008 is establishing legislative and oversight priorities over numerous health, safety, and environmental issues. In many instances, however, we will see states move ahead with a variety of actions designed to improve public protections. The executive branch will also play an increasingly important role as the Bush administration comes to a close.
Workers Threatened by Decline in OSHA Budget, Enforcement Activity (01/23/2008)
The consolidated appropriations bill passed by Congress and signed by President Bush in December 2007 cuts the budget of the U.S. Occupational Safety and Health Administration (OSHA) for Fiscal Year 2008. OSHA, like many other federal agencies, already faces budget constraints that make it more difficult for the agency to achieve its mission. Over the past three decades, OSHA's budget, staffing levels, and inspection activity have dropped while the American workforce has grown and new hazards have emerged.
Miner Safety Bill Clears House, Bush Veto Looms (01/23/2008)
The House passed the Supplemental Mine Improvement and New Emergency Response Act (S-MINER) on Jan. 16. The bill aims to improve mine safety and the responsiveness of the federal government's chief mine regulator, the U.S. Mine Safety and Health Administration (MSHA), in response to the Crandall Canyon mine collapse and other recent disasters. White House officials have indicated President Bush will veto the bill.
EPA Denies State Efforts to Curb Global Warming (01/08/2008)
The Bush administration rejected an attempt by California and several other states to combat global warming by placing a cap on greenhouse gas emissions from vehicles. Stephen Johnson, head of the U.S. Environmental Protection Agency (EPA), announced the decision Dec. 19, 2007. Environmental advocates and members of Congress have sharply criticized the decision, and several states have already filed suit in federal court hoping to overturn it.
Congress Limps Toward Product Safety Reform (01/08/2008)
Despite a record number of consumer product recalls in 2007, Congress adjourned in December without agreeing on legislation to restore the federal government's safety system. The House passed new legislation that would vastly improve the Consumer Product Safety Commission's (CPSC) ability to regulate unsafe products. Weaker Senate legislation was blocked by a lack of bipartisan agreement.
A Year for Failure: Regulatory Policy News in 2007 (12/18/2007)
In 2007, new regulatory policies and the inability of federal agencies to protect the public made headlines more so than at any time in recent memory. Four themes dominated regulatory policy this year: an increase in White House influence over agency rulemaking activity and discretion, which added a perception of more political manipulation; the inability of the federal government to protect the public by ensuring the safety of imported goods; the voice of some industry groups calling for regulation; and the Bush administration's refusal to regulate in the face of overwhelming scientific evidence, as in the case of climate change. At best, government has attempted to respond to crises instead of getting ahead of the curve. This has left the public uncertain about whether we can count on our government to provide adequate safeguards.
Political Influence Leads to Revised Endangered Species Decisions (12/04/2007)
The U.S. Fish and Wildlife Service (FWS) will revise seven of eight decisions made under the Endangered Species Act program after reviewing them for improper political interference. The four-month review came as a result of a Department of Interior inspector general's investigation of allegations that former Deputy Assistant Secretary for Fish, Wildlife and Parks, Julie A. MacDonald, intimidated staff and changed the scientific information agency scientists developed for decisions about listing or delisting threatened or endangered species.
Scientific Wrangling over Air Quality Standard for Lead (12/04/2007)
The U.S. Environmental Protection Agency (EPA) is preparing to revise the national standard for airborne lead pollution, but differing scientific opinions among federal officials are further complicating a protracted rulemaking effort. The prevailing interpretation may have a significant impact on the agency's decision to tighten or weaken the standard.
Snowmobile Plan for Yellowstone Ignores Environmental Impacts (12/04/2007)
For at least a decade, the limit on snowmobiles in Yellowstone National Park has been the subject of a pitched battle between conservationists and snowmobile advocates. The National Park Service (NPS) has announced a limit on snowmobile use in Yellowstone. As expected, NPS will allow 540 snowmobiles per day, an amount close to double the daily average from the previous winter.
Multinationals Push for New Greenhouse Gas Emissions Regulations (12/04/2007)
Two calls-to-action on cutting greenhouse gas emissions were released Nov. 30, shortly before world leaders met in Bali to begin outlining a global agreement to succeed the Kyoto Protocol. First, business leaders from 150 global firms issued a communiqué calling for "a comprehensive, legally binding United Nations framework to tackle climate change." Second, a report sponsored by a coalition of U.S businesses and nongovernmental organizations said the U.S. could reduce its output of greenhouse gas emissions substantially using existing technologies and low-cost emerging alternatives, but to do so "will require strong, coordinated, economy-wide action that begins in the near future."
More of the Same: Import Safety Panel Leaves Business in Charge (11/20/2007)
The Bush administration's cabinet-level Interagency Working Group on Import Safety released its final report Nov. 6 on ways to improve the safety of food and consumer products imported into the U.S. The report calls for limited increases in some federal agencies' responsibilities but does little to change the current voluntary regulatory scheme that governs some $2 trillion worth of products, 800,000 importers and more than 300 ports-of-entry.
Bush Fuel Economy Measure Rejected by Court (11/20/2007)
A U.S. court of appeals has overturned a recent National Highway Traffic and Safety Administration (NHTSA) rule that revised a national standard for fuel economy. Environmentalists hailed the ruling as a victory and framed it as condemnation of the Bush administration's record on fuel economy and global warming.
OSHA Issues Personal Protective Equipment Rule (11/20/2007)
Eight years after proposing it, the Occupational Safety and Health Administration (OSHA) has finalized a worker safety rule. The final rule mandates employers pay for worker personal protective equipment (PPE). OSHA published the rule in the Federal Register on Nov. 15, and it is to take effect Feb. 13, 2008.
White House Rejects Krill Protection Rule (11/20/2007)
The White House has rejected an effort by the National Oceanic and Atmospheric Administration (NOAA) to protect krill, an important marine species abundant in the Pacific Ocean. NOAA's proposed rule is a precautionary measure aimed at protecting krill in the future but was rejected by White House officials for failing to identify a need for the regulation.
CPSC Reform Efforts Progress as Agency Woes Continue (11/06/2007)
Congress is working toward passage of legislation that would expand the resources and regulatory authority of the Consumer Product Safety Commission (CPSC). The bill would also address the continuing problem of lead-contaminated children's products by effectively banning the heavy metal's presence in toys and other goods. Senior administration officials are working to derail the legislation.
Vice President Reemerging in Regulatory Review Meetings (11/06/2007)
Representatives from the office of Vice President Richard Cheney have been involved in three current administration rulemakings. Their presence is indicative of a recent trend in which Cheney has involved his office in high-profile regulations.
Congress Told of FDA's Lax Inspection of Foreign Drug Makers -- Again (11/06/2007)
The Government Accountability Office (GAO) recently told Congress that the U.S. Food and Drug Administration (FDA) inspects an estimated seven percent of foreign drug manufacturing facilities. GAO can only provide an estimate because FDA doesn't know how many foreign facilities are subject to inspection due to inaccurate and uncoordinated databases that have vastly different estimates of the number of drug makers subject to the foreign drug inspection program. At this inspection rate, it would take FDA more than 13 years to inspect all existing facilities one time, assuming no additional facilities were added to the list.
While Feds Dither, States Move to Regulate Greenhouse Gases (10/23/2007)
The Kansas Department of Health and Environment (KDHE) has rejected an air permit for proposed power plants due to the threat of the resulting greenhouse gas emissions. The decision makes Kansas the latest state to take proactive steps to stem greenhouse gas emissions while federal agencies and Congress delay action and White House officials continue to question climate science.
Bush Administration Tries to Reverse Old-Growth Forest Protection Plan (10/23/2007)
The U.S. Bureau of Land Management (BLM) is trying to dismantle a 1994 landmark management plan that balances logging, endangered species and old-growth forest protections. BLM wants to revise the Northwest Forest Plan (NWFP) to allow logging on nearly one million acres of old-growth forest area included in the plan that protect habitats for species such as the northern spotted owl, salmon and other old-growth-dependent species. The proposed revisions ignore scientific recommendations, and the process appears to have been manipulated by Bush administration officials in Washington.
Report Finds Extensive Noncompliance with Clean Water Act Rules (10/23/2007)
A new report has found thousands of facilities are out of compliance with the requirements of the Clean Water Act. The report blames declining support for environmental enforcement during the Bush administration as a major cause of the regulatory violations. The U.S. Public Interest Research Group (U.S. PIRG), a nonprofit organization working on environmental policy and public outreach, published the report titled Troubled Waters: An Analysis of 2005 Clean Water Act Compliance.
Bush Administration Delays Import Safety Changes While Congress Debates Solutions (10/10/2007)
The Bush administration and several of its regulatory agencies have been reluctant to address the safety of consumer goods as more recalls of harmful toys and contaminated foods occur. They seem content to delay substantive changes that could improve product safety. Congress, meanwhile, is trying to sort through the many legislative proposals to restore regulatory capacity to agencies and fix the fragmented U.S. import system.
States Sue Bush Administration over New Children's Health Insurance Requirements (10/10/2007)
Several states have sued the Bush administration over new policies governing the State Children's Health Insurance Program (SCHIP). The suits follow broad opposition from state public health experts and congressional Democrats and Republicans who urged the administration to abandon the new policies. The suits also come as Congress attempts to reauthorize SCHIP after a presidential veto.
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